KEALAKEKUA — The prosecutors have moved to dismiss a citation against Sean “Peaman” Pagett after he was cited for running an unpermitted race at the Kailua Pier in December.
On Monday in district court, Deputy Prosecutor Kori Weinberger said the prosecution moved to dismiss with prejudice because Pagett was in compliance with the insurance and the charge leveled against him by the Department of Land and Natural Resources didn’t apply.
For about 30 years, Pagett has been hosting biathlons, a swim/run event that is free to the public. They take place once a month.
Pagett was cited for operating a regatta, marine parade or boat race without a permit.
On Dec. 25, Pagett, 53, was advised prior to the Doc Ferren Hall of Fame Biathlon, the final race in the annual Frozen Pea Production event series, that a permit was necessary to hold the event. Peaman, according to the criminal complaint, told officers that he understood a permit was needed, but “it does not apply to him.”
After giving race instructions and holding the biathlon, in which more than 150 people took part, officers issued Pagett the citation for violating Hawaii Administrative Rules Chapter 13-244-19, which deals with authorization for staging a regatta, marine parade, boat race or exhibition.
The case threatened to hinder future races, but with it being resolved, it didn’t, said Pagett’s lawyer, Jason Braswell.
“I think, honestly, the prosecutor made the right decision,” Braswell said.
Mitch Roth, Hawaii County prosecutor, said Pagett was not a boater and a regatta is not a swim meet.
Prior to enforcing rules, Roth said, the prosecutor’s office has instructed DLNR to contact them to see if citations they wish to issue apply.
“They arbitrarily make decisions where there shouldn’t be,” Roth said of DLNR.
DLNR spokeswoman Deborah Ward said the agency disagreed with Roth’s decision.
“DLNR is very disappointed that the prosecutor has chosen not to prosecute this violation. DLNR respectfully disagrees with Mr. Roth’s interpretation of DLNR’s rule,” Ward said in an email. “DLNR requires a permit for these types of events. DLNR is reviewing the situation and considering whether to pursue administrative action with respect to the violation. The department will continue to take appropriate action on any organized event that occurs in state waters without a valid permit.”
* This story was updated Tuesday to include DLNR’s statement.